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PROJECT LAW No. 320 /X

Combating corruption and defence of sporting truth

The sporting phenomenon granjean today in Portuguese society an indisputable place of

highlight and concise about you the interest and attraction of crowds.

The fight against corruption in sport is thus increasingly a requirement as

response to facts and behaviours that act fraudulently against the truth and

the loyalty of the competition, distorting the sporting result.

Fighting corruption and advocating for sporting truth takes on as an evident

fundamental public interest, in the promotion of which policies should be developed

of prevention and firm adoption and effective measures of repression.

Repression that undergoes the objective typification of wrongful behaviors and attitudes and,

also, by the subjective discrimination of agents punishable by the practice of those themselves

ilocytes.

The present draft law seeks, on the one hand to clarify the typology of crimes, by

another the aggravation of the criminal moldings by the practice of these crimes, in line with the

evolution of the constant general regime of the Criminal Code, and, innovatively, create new

criminal types, personally holding the clubs and sports associations accountable and

criminalizing the offers and receipts of heritage perks or not

patrimonial that are undue.

Thus, in the terms of the applicable regimental and constitutional standards, the Deputies

below signed from the PSD Parliamentary Group present the following draft law:

ARTICLE 1º

(Notions)

For the purposes of this diploma, it shall be deemed to be:

a) Sports practitioner -all of which, by individual title or integrated in a

set, participates in sports competition;

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b) Sports club -legal person, constituted in the form of association without

for-profit, which has the object of the practice of sports modalities and the

participation in sports competitions;

c) Sports society -legal person, constituted in the form of a society

anonymous, which has the object of the promotion and organization of shows

sports and participation in sports competitions;

d) Sports association -legal person, constituted in the form of

not-for-profit association, encompassing clubs or sports societies,

professional leagues, if there are, practitioners, technicians and judges of determined

modality or set of related modalities;

e) Professional league -legal person, constituted in the form of association without

for-profit, integrated compulsorily by clubs and sports societies

who are vying for professional sports competitions;

f) Sport competition -sport activity organised and regulated by

sports association or professional league.

ARTICLE 2º

(Passive corruption of practitioner)

1. Who, in the quality of a sports practitioner, by themselves or by interposed person, with the

your consent or ratification, request or accept, for you or for third party, without

that is due to you due, advantage of heritage or non-patrimonial, or your promise,

for act or omission aimed at altering or distorting the result of a competition

sporting, yet previously to that solicitation or acceptance, is punishable by

prison sentence of six months to five years.

2. If the agent, prior to the practice of the fact, voluntarily repudiates the offer or the

promise that it will accept or refund the advantage or, by treating itself to fungible thing, the

its value, it becomes exempt from pity.

3. The attempt is punishable.

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ARTICLE 3º

(Passive corruption of arbitrators and leaders)

1. If the facts described in the preceding article are practiced by arbitrator or equiped,

whose function consists in appreciating, judging or deciding the application of technical rules and

of discipline themselves of the modality, the penalty is imprisonment of one to eight years.

2. In the same sentence it incurs who to practice the facts described in the previous article in the

quality of manager, coach, technical advisor or on the agent of any

other activity in support of the sports practitioner.

3. It is correspondingly applicable to the preceding paragraphs the provisions of the numbers 2 and

3 of the previous article.

ARTICLE 4º

(Active Corruption)

1. Who, by you or by intersted person, with your consent or ratification, der

or promise the sports practitioner advantage advantage or non-patrimonial, which

it is not due, for the purpose of altering or distorting the result of a

sports competition is punishable with imprisonment from six months to five years.

2. In the same sentence it incurs who to practice the facts described in the preceding paragraph

relatively to any of the agents referred to in the previous article.

3. The attempt is punishable.

ARTICLE 5º

(Offer or undue receipt)

1. Who, in the quality of referee or equated, by you or by interposed person, with the

your consent or ratification, request or accept, for you or for third party, direct

or indirectly, because of their functions, without due to it, advantage

patrimonial or non-patrimonial, of agent that before he has had, has or may

come to have pretension dependent on the exercise of these functions, it is punished with pity

of imprisonment from six months to five years.

2. On the same penalty incurates who, per se or by interposed person, with his / her

consent or ratification, give or promise the arbitrator or equiped advantage

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patrimonial or non-patrimonial, which is not due, in the circumstances described

in the previous number.

3. The attempt is punishable.

ARTICLE 6º

(Corruption by legal persons)

1. If the facts described in the previous articles are practiced by sports club,

sports association or professional league, the penalty is of ninety and sixty days of

fine.

2. Pelos facts described in the preceding paragraph may still be applied as follows

ancillary feathers:

a) Privacy of the right to any subsidies, grants or incentives;

b) Temporary interdiction for participation in sports competitions;

c) Suspension or cancellation of the status of sports public utility;

d) Judicial injunction.

3. It is understood that the crimes are committed by sports club, sports association

or professional league, when:

a) shall be practiced by the holders of their organs in the performance of their duties;

b) Be practiced by their representatives, in their name or in their interest

collective.

4. The criminal responsibility of sports clubs, sports associations and leagues

professionals does not exclude the individual responsibility of the respective agents.

ARTICLE 7º

(Doping)

1. Who, with or without the consent of the sports practitioner, to administer it

substances or products, or use other methods likely to change

artificially the sports income of the practitioner, will be punished with imprisonment until

three years.

2. Considering substances or products that are likely to artificially alter the

sports income of the practitioner, inter alia, those defined in the scope of

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each sporting modality and which they necessarily build from lists to be published

by each federation.

3. The attempt is punishable.

ARTICLE 8º

(Ancillary feathers)

Without prejudice to the provisions of Article 5º, to the agents of the crimes provided for in this Law

the following accessory penalties can be applied:

a) Suspension, for a period of six months to three years, of participation in

sports competition;

b) Privacy of the right to receive official grants, for a period of one to five

years;

c) Suspension of the exercise of function or activity, for a period of two to six

years, dealing with arbiter or equated or holder of federation organ,

association, alloy or similar body and sports club leader or

holder of sports society organ.

ARTICLE 9º

(Disciplinary sanctions)

1. The exercise of criminal action for the crimes provided for in this Law and the decision that

define criminal liability, do not harm the use of the arrangements,

particularly of a disciplinary nature, provided for in the regulations of the associations

sports or professional leagues, and the respective competence of the respective bodies.

2. The opening of inquiry for the crimes provided for in this Law shall be without prejudice to the

exercise of the disciplinary power under the specific rules of procedure

sports disciplinary.

3. The holders of the organs of the clubs and sports associations, and of the leagues

professionals, must transmit to the Public Prosecutor's Office news of the offences to

provisions of this Law to which they have knowledge in the performance of their duties

or because of them.

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ARTICLE 10º

(Promotion of sports ethics)

Sports associations and professional leagues should promote the achievement of

formative, pedagogical and educational actions with the purpose of raising awareness among all the

practitioners and sports agents for the strict observance of the principles of ethics and the

sporting truth, as well as adopting preventive and punitive measures of any

anti-sporting behaviour, specifically violence, racism, corruption or

the doping.

Palace of S. Bento from October 2006

The Deputies